Longridge: 01772 783 314 | Garstang: 01995 602 129 | Lancaster: 01524 581 306 
 
Longridge: 01772 783 314 
Garstang: 01995 602 129 
Lancaster: 01524 581 306 

Posts tagged “Property Law”

The Property Redress Scheme is essentially the complaints department for the tenant and Landlord world. Estate Agents and Letting Agents dealing with residential properties in England and Wales must be a part of the scheme and if a customer is complaining about a service which cannot be resolved between themselves and the Agents then they can complain to the Scheme. 
If approaching your property solicitors in Preston to buy/sell a property which has only been registered in the current proprietor’s name for six months or less, you will be advised on the six month rule. 
As your trusted property solicitors, we understand that the ultimate goal is to get onto the property ladder and become the proud owner of your new home.  
 
Our Preston solicitors, (all of whom by the way own their own property, and completely understand how exciting it is to get the key and have that housewarming party asap), are on hand to make this happen in the smoothest fashion possible.  
 
However, there may be other obstacles standing in the way of this. 
“Quic quid plantatur solo solo credit.” Nope the Conveyancing Solicitors Preston have not finally lost the plot; that is Latin for (roughly) “Whoever owns the land at the bottom of the lake owns everything up to the sky”. 
At MG Legal, your Lancaster law firm, we are proud to be accredited by the Law Society’s Conveyancing Quality Standard (CQS). You may, however, ask what this means and why it is important? 
Ever seen the Despicable Me when the Minions start saying “blah blah blah”? If you haven’t then the reference will probably make as much sense to you as some of the terminology used in Conveyancing. If you have then you’ll know that when Solicitors start talking then often, they may as well be saying “blah blah blah” for all then sense it makes! Well never fear for a (wanna be) Superhero is here to explain the terminology of the contract to you (ha! Bet you thought it was going to be something way more exciting!) 
It is well-known, often cited case law that a person should never be able to gain from illegality (Patel v Mirza [2017] AC 467). Property Law however is tricky. Read on to discover how the courts have assisted Mr Rashid (in the case of Farakh Rashid v Mohammed Rashid: [2017] UKUT 0332 (TCC)) gain from illegal actions. 
What are Covenants? 
 
Covenants are important matters, contained in the property’s title, that affect the land and can be either positive or restrictive. 
 
They can be found within the Official Copy of the Register of Title. The Official Copies may contain a schedule which will outline the covenants for your solicitors in Lancaster Lancashire to study. The Official Copies may also refer to specific documents which contain covenants. Your solicitors in Lancaster would then request copies of such documents to gain clarity on what the covenants are and what they mean for their client. 
Sounds weird doesn’t it? 
 
“How do you want to own your property?” 
 
“I just want to own it.” 
 
When you purchase a property with someone else it is called “co-ownership” and all cases of co-ownership tend to give rise to a trust of land. 
 
With any form of co-ownership all of the legal co-owners must join in any future disposition of the property. If there was a dispute which when to court, for example, then the Court may make whatever order it sees fit but the Courts will generally take into account why the property was bought. 
The issue may not be quite as bleak as first it sounds. Leaving aside the messy issue of Brexit; one of this current Government’s main commitments is to build new affordable housing. And build they are! We are currently living in new build BOOM! (Just thought I’d put some capitals in to distract from that terrifying figure I mentioned before!). 
 
Many who are part of “Generation Rent” believe that they may never be able to afford their own home as month after month they pay a huge proportion of their rent to Landlord’s each month. This is a far cry from the previous generation when it seemed that every man, woman, dog and cat…. you get the gist…. owned their own home! 

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